bright line

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bright line

a legal rule that makes it possible to say that a given argument or set of facts falls on one side or the other rather than leaving the decision to the facts and circumstances of the case.
References in periodicals archive ?
The Court has extolled the virtues of bright-line rules in other
21) In Robinson, the Court established a bright-line rule that officers may seize and search any item or container--open or closed--on the person of the arrested suspect when conducting a search incident to arrest.
93) The value of the physical-presence rule to the Court was not its relation to any reasonable basis on which to grant taxing power, but rather its provision of a bright-line rule.
Later, Blythe said, "This is the only person who approached the board proposing to apply for admission to the Bar that was not able to provide the documentation"--but he stressed from the board's perspective the case is about the bright-line rule, not just one individual.
In that context, a bright-line rule avoided litigation over relatively small factual variations.
Supreme Court Adopts Bright-Line Rule for Primary Liability
Justice Scalia prefers bright-line rules, (30) and here that meant protecting all such games without wading into the thicket of deciding what is too violent or too offensive to remain within the First Amendment.
The Circuit Court entered judgment on the verdict, and tile court of appeals affirmed the judgment PIC presented the issue as follows: Is there a bright-line rule that once a physician makes a non-negligent final diagnosis there is no duty to inform the patient of about diagnostic tests For conditions unrelated to the condition that was included in the final diagnosis?
31) By rejecting the conduct and effects tests, however, the bright-line rule articulated by the Supreme Court in Morrison drastically shortened the reach of [section] 10(b)'s application.
Furthermore, NSBA argues that Anheuser Busch's bright-line rule of protection, which should be applied to all substantive witness information, supports the critical needs of small businesses to conduct thorough internal investigations into employee misconduct, to encourage witnesses to participate in investigations, and to safeguard participants from intimidation, retaliation, or harassment by the union or co-workers.
While Lay does not announce a full-blown reversal of Goldstein, it does indicate an increased willingness to consider a hedge fund manager as a fiduciary to the fund investor in certain circumstances, and tempers the bright-line rule other courts have extracted from that case.